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ORDER OF BUSINESS 

• A ..v/C' ’v.vV^w'-’''''•' *•''/AV^v v .to ;/:;••;& ‘. ,,s,v , .'>< 

Roll Call. 

Prayer. 

Reading and Approving the Journal 
Petitions and Memorials. 

Reports of Standing Committees. 
Reports of Special Committees. 
Resolutions. 

Bills. 

Joint Resolutions. 

Bills on their Second Reading. 

Bills on their Third Reading. 
Business On the President’s table. 
Unfinished Business. 


OFFICERS OF THE COUNCIL. 

Charles A. Spiess, President. 

W. E. Martin, Chief Clerk. 

B. C. Anderson, Chaplain. 

B. Base, Enr. ami $n.g. Clerk. 

4 t 

Elias E. Baca, Messenger. 

J. M. Valdez, Watchman. 

P. Esquibel, Sergeant at Arms. 

By Transfer 
FEB It 1915 





















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RULES 


OF THE 

LEGISLATIVE COUNCIL 

OF THE 

TERRITORY OF NEW MEXICO, 

THIRTY-SEVENTH SESSION. 


DUTIES OF THE PRESIDENT. 

1. He shall take the Chair every day precisely at the hour 
to which the Council shall have previously adjourned, and 
shall immediately call the members to order. There being 
a quorum present, he shall cause the Journal of the preceding 
day to be read. The sessions of the Council each day shall 
commence at 10 o’clock a. m., unless otherwise ordered by 
the Council at the time it may adjourn on any day, and when 
an adjournment shall take place without specifying any other 
time the Council shall meet at the time above specified which 
shall be first reached after adjournment. 

2. He shall preserve order and decorum; speak to points 
of order in preference to other members, rising from his seat 
for that purpose, and shall decide questions of order, subject 
to an appeal to the Council by any two members, on which 
appeal no member shall speak more than once unless by 
leave of the Council. 

3. He may state a question sitting, but he shall rise when 
stating the question for a vote. 

4. Questions shall be distinctly put in this form: “Those 
who are of the opinion that (as the case or the question may 
be, say aye.” If he shall have any doubt or a division shall 
be called for, the Council shall divide, those in the affirma¬ 
tive of the question shall first rise from their seats, and after¬ 
wards those in the negative. If the Chair still doubts, or a 



4 


RULES OF THE LEGISLATIVE COUNCIL. 


count of the votes be required, the President shall order the 
Secretary to count the votes, and when the same is ascer¬ 
tained he shall rise and state the decision of the Council. 

5. The Chair shall have a general direction of the Coun¬ 
cil, he shall have the right to name any member to perform 
the duties of the Chair, but such substitution shall not ex¬ 
tend beyond an adjournment, and in his absence, for any 
cause whatsoever, the Council shall proceed to elect a Presi¬ 
dent protempore to act during his absence. 

G. All committees shall be appointed by the Chair unless 
otherwise directed by the Council, in which case they shall 
be appointed by ballot, on which ballot a plurality of votes 
shall prevail. In case a greater number than that required 
to compose or complete a committee shall have an equal 
number of votes the Council shall proceed to a further ballot 
or ballots. 

7. In all other cases of ballot than for committees a major¬ 
ity of the votes given shall be necessary to an election; and 
when there shall not be such a majority on the first ballot 
the ballot shall be repeated until a majority be obtained. In 
all cases the President shall have a vote, and if the Council 
be equally divided on any vote the question voted on shall 
be lost. 

8. In all cases where any person, other than as a member 
of the Council, may be eligible to an office by the election of 
the Council there shall be a previous nomination. 

9. All acts, addresses and joint resolutions shall be signed 
by the President; and all writs, warrants and subpoenas 
issued by order of the Council shall be under his hand and 
attested by the Clerk. 

10. In case of any disturbance or disorderly conduct in 
the galleries or lobby, the President shall have the power to 
order the same to be cleared or the arrest of such disorderly 
person. 

11. Stenographers wishing to take down debates may be 
admitted by the Chair, who shall assign such place to them 
on the floor of the hall, or other convenient place, as shall 
not interfere with the business of the Council, 





RULES OF THE LEGISLATIVE COUNCIL. 


5 


ORDER OF BUSINESS OF THE DAY. 

12. As soon as the Journal is read the President shall 
declare petitions in order, and, after petitions shall have 
been presented and disposed of, reports of standing com¬ 
mittees, and afterwards reports of special committees; then 
the same rules applying in their disposition as in resolutions 
and petitions. 

13. When petitions shall have been disposed of, reports, 
bill and joint resolutions shall be in order, then bills on their 
second reading shall be in order, in the order here named, 
and those being disposed of bills and joint resolutions on 
their third reading shall be taken up. It will then be in 
order to take up business on President’s table, and bills, mes¬ 
sages and communications on table shall be disposed of. 
The Chair shall then proceed to call the orders of the day, 
in case there are any, and these being disposed of, the Presi¬ 
dent will announce unfinished business in order. 

14. All resolutions introduced which, by the rules, are 
required to lie upon the table for one day shall be placed 
among the orders of the day for the day following their intro¬ 
duction, and shall be taken up and disposed of in the order 
in which they were introduced. 

15. Whenever a message shall be announced from the Gov¬ 
ernor or the other house, whatever the business pending, it 
shall be suspended until the message be received and placed 
upon the President’s table, unless by a two-thirds vote the 
same shall be otherwise disposed of. 

16. Whenever a message from the Governor or House 
arrives it shall be the duty of the Doorkeeper to communi¬ 
cate that fact to the Sergeant-at-Arms, who shall at once 
receive such message and announce its presence to the 
President. 


DECORUM AND DEBATE. 

17. No member shall be held responsible elsewhere for 
words spoken in debate or for his vote. 

18. The business as stated in the foregoing rules shall not 
be taken up in any other part of the day, except on a sus¬ 
pension of the rules by a two-thirds vote of those voting. 

19. When any member is about to speak in debate, pre¬ 
sent a bill or submit any subject for consideration, he shall 



0 


RULES OF THE LEGISLATIVE COUNCIL. 


rise from his seat and respectfully address himself to “Mr. 
President,” and shall confine himself to the question under 
debate and avoid personality. 

20. If any member, in speaking or otherwise, transgresses 
the rules of the Council the President shall, or any member 
may, call him to order; in which case the member so called 
to order shall immediately sit down unless permitted to 
explain and the Council shall, if appealed to, decide upon 
the case without debate. If there be no appeal the decision 
of the Chair shall be final. If the decision be in favor of the 
member called to order, he shall be at liberty to proceed 
without further action; but if the case require it he shall 
be liable to the censure of the Council. 

21. When two or more members happen to rise at once, 
the Chair shall name the member who is to speak first. 

22. No member shall speak more than once to the same 
question without leave, nor more than once till every mem¬ 
ber choosing to speak shall have spoken, save that in all 
cases the mover, proposer, or introducer of the matter pend¬ 
ing shall be allowed the closing speech. 

23. If a question be pending at adjournment and be con¬ 
sidered on the succeeding day, no member who shall have 
spoken twice thereon on the preceding day shall be permitted 
to speak thereon without consent of the members present. 

24. While the President is puting any question or address¬ 
ing the Council, none shall walk out of or across the Council 
chamber, nor in such case, or when a member is speaking or 
any document is being read, shall be engaged in private con¬ 
versation; nor whilst a member is speaking shall pass 
between him and the Chair. 

25. No member shall vote on any question in the event 
of which he is immediately and particularly interested; or in 
any case where he was not within the bar of the chamber 
when the question was put, without leave of the Council: 
Provided, That in case of an appeal from any decision of the 
President he shall be allowed to vote. 

26. Upon any division and count of the Council on any 
question no member without the bar shall be counted. 

27. Every member within the bar of the chamber when a 
question is put shall give his vote, unless he shall be excused 
for special reasons. 



RULES OF THE LEGISLATIVE COUNCIL. 


7 


28. When a motion is made and seconded it shall be 
stated by the Chair, or, being in writing, it shall be handed 
to the Chair and read aloud by the Clerk before debated. 

29. Every motion made to the Council and entertained by 
the President shall be reduced to writing on demand of any 
member, and shall be entered on the Journal with the name 
of the member making it, unless it is withdrawn the same 
day. 

30. When a motion has been made the President shall 
state it, or (if it be in writing) cause it to be read aloud 
by the Clerk before being debated, and it shall then be in 
possession of the Council, but may be withdrawn, by consent 
of a majority of the members present, at any time before a 
decision or amendment. 

31. When a question is under debate no motion shall be 
received but to adjourn, to take a recess, to lay on the table, 
for the previous question, to postpone to a certain day or 
indefinitely (which motions shall be decided without debate), 
to amend or refer, which several motions shall have prece¬ 
dence in th*e order in which they are here arranged, and no 
motion to lay on the table, to postpone to a certain day or 
indefinitely, or to refer to the same committee, being decided, 
shall be again allowed on the same day at the same stage of 
the bill or proposition. 

A motion to strike out the enacting words of a bill shall 
have precedence of a motion to amend, and if carried shall 
be considered equivalent to its rejection. 

32. When any resolution shall be introduced, or a motion 
made to refer any matter, and different committees shall be 
proposed, the question shall be put in the following order: 
“The committee of the whole, on Territorial affairs, a stand¬ 
ing or special committee.” 

33. A motion to adjourn and to take a recess shall always 
be in order; but a motion to adjourn or to take a lecess shall 
not be in order after debate upon the pending motion or prop¬ 
osition is closed and the Chair has stated the motion oi 
proposition to be voted on, until the same is voted upon and 
the result declared by the Chair. After a motion to adjourn 
has been made and declared lost, any other business, proposi¬ 
tion or motiom shall have preference before a second motion 
to adjourn can be sustained by the Chair. 



8 


RULES OF THE LEGISLATIVE COUNCIL. 


34. The previous question shall be in this form: “Shall 
the main question be now put?” It shall only be admitted 
when demanded by a majority of the members present, and 
until it is decided shall preclude all amendment and further 
debate on the main question. 

35. On a previous question there shall be no debate. 

36. When a question is postponed indefinitely, or laid on 
the table indefinitely, action th°reon can not be taken during 
this session without the consent of two-thirds of all the mem¬ 
bers of the Council. 

37. Any member may call for the divison of any question, 
and the question shall be divided if it comprehend proposi¬ 
tions in substance so distinct that if one be taken away a 
complete substantive proposition shall remain. A motion to 
strike out being lost shall preclude neither amendment nor 
a motion to strike out and insert. 

38. Any member may move a call of the Council and the 
absentees sent for, provided the motion be seconded. There 
shall be no call of the Council pending a vote; and the 
names of the absentes being ordered to be called and noted, 
the doors shall be shut and no member shall be permitted 
to go out until the return of officer be received or the call 
be suspended. 

39. Motions and reports may be referred to a committee 
at the pleasure of the Council. 

40. No motion or proposition, or any subject different 
from that under consideration, shall be admitted under the 
pretext of amendment. 

41. When a motion has once been made and carried in the 
negative or affirmative, it shall be in order for any member 
of the majority to move for the reconsideration thereof on 
the same or next day. And such motion shall take prece¬ 
dence of all other questions except a motion to adjourn or 
take a recess, except in case of a bill recalled from the Gov¬ 
ernor or House for amendment, as to which a motion to recon¬ 
sider the vote by which it was passed may be made when it 
is received on such recall. 

42. Any bill, petition, memorial or resolution referred to a 
standing or special committee may at any time, by a major¬ 
ity vote, be recalled for recommitment or passage, or any 
other action of the Council. 





RULES OF THE LEGISLATIVE COUNCIL. 


9 


43. When the reading of any document is called for, and 
the same is objected to by any member, it shall be deter¬ 
mined by a vote of the Council. 

44. Any member may call for the yeas and nays on any 
question pending before the Council before the final decision 
of the Chair. 

45. A proposition' requesting information from the Gov¬ 
ernor of the Territory shall lie on the table one day for con¬ 
sideration, unless otherwise determined by a majority of the 
Council, and such propositions .shall be taken up for consider¬ 
ation in the order they were presented immediately after the 
reports are called from special committees, and when adopted 
the Clerk shall cause the ame to be forwarded to the Gov¬ 
ernor. . 

4G. Petitions, memorials and other papers addressed to 
the Council shall be presented by the Chair or by a member 
in his place; a brief statement of the contents thereof shall 
be made verbally by the introducer, and they shall not be 
debated on the day of their presentation, unless when the 
Council shall direct otherwise, but shall lie on the table, to 
be taken up in the order in which they were presented. 

47. Any five members shall be authorized to compel the 
attendance of absent members. 

48. Upon calls of the Council, or on taking the yeas and 
nays on any question, the names of the members shall be 
called alphabetically, except that of the President, which 
shall be called last. 

49. No member shall absent himself from the house when 
in session unless he shall have leave or be sick and unable 
to attend. 

50. Upon call of the Council the names of the members 
shall be called by the Clerk and the absentees noted, after 
which the names of the absentees shall again be called over; 
the doors shall then be shut and those for which no excuse 
or insufficient excuses are made may, by order of those pres¬ 
ent, if five in number, be taken in custody wherever to be 
found by the Sergeant-at-Arms or by special messengers to 
be appointed for that purpose. 

51. When a member shall be discharged from custody and 
admitted to his seat, the Council shall determine whether 
such discharge shall be with or without paying fees; and in 



10 


RULES OF THE LEGISLATIVE COUNCIL. 


like manner a delinquent member shall or shall not be liable 
to defray the expenses of such special messenger. 

52. The Sergeant-at-Arms shall attend the Council during 
its sittings and execute the orders thereof, and also those of 
the President when not in conflict with the orders of the 
Council, and also all process issued by proper authority and 
properly directed to him. 

53. The fees for the Sergeant-at-Arms shall be: For every 
arrest, the sum of two dollars; for each day’s custody, two 
dollars; for traveling, for himself or special messenger, going 
or returning, twelve and one-half cents per mile. 

54. Every bill shall be introduced on leave given by the 
Chair or by consent of the Council. 

55. Every bill shall receive three several readings previous 
to its passage, and all bills shall be dispatched in the order 
in which they may be introduced or reported, unless the 
Council shall direct otherwise. Each bill when introduced 
shall be sent to the Chief Clerk, who shall read it by its title; 
this the- President shall anonunce as the first reading of the 
bill. The bill shall then be read a second time by its title 
and ordered to be translated and printed in English and 
Spanish and copies supplied to each member. At the time 
of its second reading or at any time thereafter each bill shall 
be referred by the President to the appropriate committee, 
unless the Council shall otherwise direct or determine. No 
bill shall be read twice on the same day unless the rules be 
suspended by a two-thirds vote: Provided, that any mem¬ 
ber may call for the reading of any bill, petition or other 
document by sections and its adoption by sections. 

5G. When a bill shall have passed it shall be so certified 
by the Clerk, noting the day of its passage at the foot thereof. 

57. After the committee to which a bill has been referred 
shall have reported the same back to the Council, or at any 
time before its approval, it may be recommitted to a com¬ 
mittee. 

58. It shall be in order at any stage of a bill, memorial, 
resolution or document, prior to its third reading, to require 
the same to be translated, or printed in English or Spanish, 
or both. 

59. It shall be a standing order of the day throughout the 



RULES OF THE LEGISLATIVE COUNCIL. 


11 


session for the Council to resolve itself into a committee of 
the whole Council. 

GO. In forming a committee of the whole the President or 
presiding officer shall preside in the committee. 

61. The rules of proceeding in the Council shall be 
observed in a committee of the whole so far as they may be 
applicable. 

G2. Upon bills committed to a committee of the whole the 
bill shall first be read throughout by the Clerk, and then 
again read and debated by clauses or parts, leaving the pre¬ 
amble to be last considered; the body of the bill shall not 
be defaced or interlined, but all amendments, noting the 
page and line, shall be duly entered by the Clerk on a sep¬ 
arate paper, as the same shall be agreed to by the Com¬ 
mittee, and so reported back to the Council. After report 
the bill shall again be subject to be debated and amended 
by clauses before a question to engross it be taken. 

G3. No standing rule or order of the Council shall be 
rescinded or changed without one day’s notice being given 
of the motion therefor. Nor shall any rule be suspended 
except by a vote of at least two-thirds of the members pres¬ 
ent, nor shall the order of business, as established by the 
rule of the Council, be postponed or changed except by a vote 
of at least two-thirds of the members present. 

64. The rules for paying witnesses that may be summoned 
to appear before the Council or a committee shall be as fol¬ 
lows: For each day a witness shall attend, the sum of two 
dollars; for each mile he shall travel in coming to or going 
from the place of examination, twelve and one-half cents; 
but nothing shall be paid for traveling home when the wit¬ 
ness has been summoned at the place of trial. 

65. It shall be in order for the committee on Enrolled 
Bills to report at any time. 

66. All questions of order shall be noted by the Clerk, 
with the decisions, and placed together at the end of the 
Journal of each session. 

67. Whenever the Council shall adjourn or take a recess 
to a certain time, it may again be called together by the 
President at any hour prior to the time so designated after 
giving notice to each member of the hour it will be called 
together. Such notice may be served by the President,. 



12 


RULES OF THE LEGISLATIVE COUNCIL. 


Sergeant-at-Arms, any member of the Council, or any other 
officer or employe of the Council; or the Council may meet 
at any time if all of the members be present. The person 
who shall serve the notice shall certify the same under his 
hand to the Council, and the same shall be inserted in the 
Journal of that day; and such service may be made by leav¬ 
ing a copy of the notice at the residence or room of the mem¬ 
ber to be served, or posting it on his door if not personally 
found. 

68. The following standing committees, each of which to 
consist of three members or more shall be appointed by the 
President, as soon as practicable; but the Council may 
appoint other committees when the business before it re¬ 
quires it. 

Committee on Judiciary. 

Committee on Finance. 

Committee on Railroads. 

Committee on Territorial Affairs. 

Committee on Private and Municipal Corporations. 

Committee on Education. 

Committee on Public Institutions. 

Committee on Irrigation. 

Committee on Militia. 

Committee on County and County Lines. 

Committee on the Library. 

Committee on Agriculture and Manufactures. 

Committee on Capitol. 

Committee on Mines and Public Lands. 

Committee on Enrolled and Engrossed Bills. 

Committee on Railroads, Employes, Labor and Commerce. 

Committee on Penitentiary. 

Committee on Printing. 

Committee on Roads and Highways. 

Committee on Banks and Banking. 

Committee on Insurance. 

Committee on Rules. 



RULES OF THE LEGISLATIVE COUNCIL. 


13 


69. Any matter may be made the special order for any 
particular time or day by the consent of two-thirds of the 
members voting. 

70. Each member shall be furnished with a copy of the 
daily calendar prepared by the Chief Clerk, which shall 
include the bills on the third reading and the general order. 

71. House amendments to Council bills and resolutions 
shall be in order at any time when no question is pending. 

72. The rules and parliamentary practice of the House of 
Representatives of the United (States Congress as compiled 
by Hinds and published by authority of a joint resolution of 
Congress approved April 25, 1898, shall govern Council in all 
cases to which they are applicable and in which they are not 
inconsistent with the standing rules and orders of the Council. 

73. These rules shall be in force from and after their 
adoption, and may be amended or suspended by a vote of 
two-thirds of the Council. 

74. An appeal from the decision of the Chair shall be sus¬ 
tained by a vote of two-thirds of the members present. 

75. No bill or joint resolution shall be introduced at any 
time within six days of the final adjournment of the Legis¬ 
lative Assembly or expiration of its term. 








STANDING COMMITTEES OF THE COUNCIL. 


Judiciary. 

C. A. Dalies, W. D. Murray, J. S. Duncan, Jacobo Chaves, 

J. O. Cameron. 

< 

Railroads. 

J. S. Duncan, M. B. Stockton, C. A. Dalies, Malaquias Mar¬ 
tinez, H. M. Richards. 

Finance. 

W. G. Sargent, E. A. Miera, Malaquias Martinez, Jacobo 
Chaves, W. D. Murray, H. M. Richards, J. O. Cameron. 

Territorial Affairs. 

E. A. Miera, J. F. iSulzer, J. S. Duncan, M. B. Stockton, W. 
G. Sargent. 

Municipal and Private Corporations. 

Jacobo Chaves, W. G. Sargent, H. M. Richards, J. S. Dun¬ 
can, M. B. Stockton. 

Education. 

J. F. Sulzer, W. D. Murray, J. 3. Duncan, Jacobo Chaves, J. 
O. Cameron. 

Public Institutions. 

H. M. Richards, E. A. Miera, W. D. Murray, J. F. Sulzer, 
J. O. Cameron. 

Irrigation. 

M. B. Stockton, Malaquias Martinez, W. G. Sargent, J. O. 
Cameron. 

Banks and Banking. 

W. D. Murray, E. A. Miera, W. G. Sargent, J. S. Duncan, 
Jacobo Chaves. 

Internal Improvements. 

J. S. Duncan, E. A. Miera, M. B. Stockton. 

Public Property. 

J. F. Sulzer, H. M. Richards, J. O. Cameron. 

Capitol. 

W. G. Sargent, E. A. Miera, J. S. Duncan. 

Militia. 

M. B. Stockton, W. G. Sargent, E. A. Miera. 



Railroad Employes, Labor and Commerce. 

H. M. Richards, Malaquias Martinez, M. B. Stockton. 

Rules. 

Mr. President, Malaquias Martinez, H. M. Richards. 

Enrolled and Engrossed Bills. 

,C. A. Dalies, Jacobo Chaves, H. M. Richards, M. B. Stock- 
ton, J. O. Cameron. 

County and County Lines. 

C. A. Dalies, W. D. Murray, Malaquias Martinez, M. B. 
Stockton, J. S. Duncan, J. O. Cameron. 

Roads and Highways. 

Malaquias Martinez, H. M. Richards, J. F. Sulzer, M. B. 
Stockton, E. A. Miera. 

Agriculture and Manufactures. 

E. A. Miera, W. G. Sargent, J. S. Duncan. 

Mines and Public Lands. 

W. D. Murray, J. F. Sulzer, E. A. Miera. 

Penitentiary. 

Malaquias Martinez, Jacobo Chaves, H. M. Richards. 

Public Printing. 

Jacobo Chaves, Malaquias Martinez, E. A. Miera. 

Library. 

J. S. Duncan, W. G. Sargent, E. A. Miera, J. F. Sulzer, J. 
O. Cameron. 

I nsurance. 

Malaquias Martinez, C. A. Dalies, E. A. Miera, W. D. Mur¬ 
ray, Jacobo Chaves. 


















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